87928 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations 

■ 6. Add subpart V to part 77 to read as 

follows: 

Subpart V—Safety Program for Surface 

Mobile Equipment 

Sec. 

77.2100 Purpose and scope. 

77.2101 Definitions. 

77.2102 Written safety program. 

77.2103 Requirements for written safety 

program. 

77.2104 Record and inspection. 

§ 77.2100 Purpose and scope. 

This subpart requires operators to 

develop, implement, and update a 

written safety program for surface 

mobile equipment to reduce the number 

and rates of accidents, injuries, and 

fatalities. This subpart applies to surface 

mobile equipment at surface coal mines 

and surface work areas of underground 

coal mines. The purpose of this safety 

program is to promote and support a 

positive safety culture and improve 

miners’ safety at the mine. 

§ 77.2101 Definitions. 

The following definitions apply in 

this subpart— 

Responsible person means a person 

with authority and responsibility to 

evaluate and update a written safety 

program for surface mobile equipment. 

Surface mobile equipment means 

wheeled, skid-mounted, track-mounted, 

or rail-mounted equipment capable of 

moving or being moved, and any 

powered equipment that transports 

people, equipment, or materials, 

excluding belt conveyors, at surface coal 

mines and surface work areas of 

underground coal mines. 

§ 77.2102 Written safety program. 

(a) Each operator shall develop and 

implement a written safety program for 

surface mobile equipment that contains 

the elements in this subpart, no later 

than July 17, 2024. 

(b) Each operator shall designate at 

least one responsible person to evaluate 

and update the written safety program, 

no later than July 17, 2024. 

§ 77.2103 Requirements for written safety 

program. 

(a) The operator shall develop and 

implement a written safety program that 

includes actions the operator will take 

to: 

(1) Identify and analyze hazards and 

reduce the resulting risks related to the 

movement and the operation of surface 

mobile equipment; 

(2) Develop and maintain procedures 

and schedules for routine maintenance 

and non-routine repairs for surface 

mobile equipment; 

(3) Identify currently available and 

newly emerging feasible technologies 

that can enhance safety at the mine and 

evaluate whether to adopt them; and 

(4) Train miners and other persons at 

the mine necessary to perform work to 

identify and address or avoid hazards 

related to surface mobile equipment. 

(b) The responsible person shall 

evaluate and update the written safety 

program at least annually, or as mining 

conditions or practices change that may 

adversely affect the health and safety of 

miners or other persons, as accidents or 

injuries occur, or as surface mobile 

equipment changes or modifications are 

made. 

(c) The operator shall solicit input 

from miners and their representatives in 

developing and updating the written 

safety program. 

§ 77.2104 Record and inspection. 

(a) The operator shall make the 

written safety program available for 

inspection by authorized representatives 

of the Secretary and provide a copy 

upon request. 

(b) The operator shall make the 

written safety program available for 

inspection by miners and their 

representatives and, at no cost, provide 

a copy upon request. 

[FR Doc. 2023–27640 Filed 12–19–23; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 3, 100, and 165 

[Docket Number USCG–2023–0927] 

RIN 1625–AA00 

Coast Guard Sector Buffalo; Sector 

Name Conforming Amendment 

AGENCY: Coast Guard, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive changes to Coast Guard 

regulations in association with a change 

in the Coast Guard’s internal 

organization. The purpose of this rule is 

to reflect that U.S. Coast Guard Sector 

Buffalo has been renamed U.S. Coast 

Guard Sector Eastern Great Lakes. These 

changes will have no substantive effect 

on the regulated public. 

DATES: This rule is effective December 

20, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0927 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Bo Ames, 

Ninth Coast Guard District Legal Office, 

U.S. Coast Guard; telephone 216–902– 

6010, email Bo.J.Ames@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

AOR Area of responsibility 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

OCMI Officer in Charge of Marine 

Inspections 

OFCO Operating Facility Change Order 

SAR Search and rescue 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

For the last several years, the Coast 

Guard has sought to better align the 

names of its assets to correspond to the 

area of responsibility which they serve. 

Review of the missions and 

engagements within the eastern Great 

Lakes region highlighted that ‘‘Sector 

Buffalo’’ alone did not adequately 

capture the breadth and range of Coast 

Guard operations and relationships 

throughout the Eastern Great Lakes. The 

Coast Guard has approved the name 

change to U.S. Coast Guard Sector 

Eastern Great Lakes in order to 

acknowledge the long-standing 

commitment to all communities 

throughout the Eastern Great Lakes and 

to reaffirm the multi-mission support 

that the Coast Guard provides to ensure 

safety at sea and enhanced maritime 

governance. 

The geographic boundaries of Sector 

Eastern Great Lakes are not changing, 

and its office is not moving from 

Buffalo, New York. 

We did not publish a notice of 

proposed rulemaking (NPRM) before 

this final rule. The Coast Guard finds 

that this rule is exempt from notice and 

comment rulemaking requirements 

under 5 U.S.C. 553(b)(A) because the 

changes it makes are conforming 

amendments involving agency 

organization. The Coast Guard also finds 

good cause exists under 5 U.S.C. 

553(b)(B) for not publishing an NPRM 

because the changes will have no 

substantive effect on the public, and 

notice and comment are therefore 

unnecessary. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations 87929 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 14 U.S.C. 504(a)(2), 

as delegated at 33 CFR 1.05–1(h), to 

issue regulations necessary to 

implement technical, organizational, 

and conforming amendments and 

corrections to rules, regulations, and 

notices. 

Operating Facility Change Order 

(OFCO) No. 036/23, issued November 6, 

2023, changed the official unit name of 

U.S. Coast Guard Sector Buffalo to U.S. 

Coast Guard Sector Eastern Great Lakes. 

See OFCO No. 036/23, which is 

available in the docket for this rule. The 

previous name of Sector Buffalo is 

described and reflected in regulations, 

which also contain contact details and 

other references to Sector Buffalo. These 

conforming amendments update those 

regulations so that they contain current 

information. 

Under 14 U.S.C. 504(a)(2), the 

Commandant of the Coast Guard has the 

authority to establish and prescribe the 

purpose of Coast Guard Shore 

establishments. This authority has been 

delegated to the Chief of the Coast 

Guard’s Office of Regulations and 

Administrative Law under 33 CFR 1.05– 

1(h). 

IV. Discussion of the Rule 

OFCO No. 036/23, issued November 

6, 2023, changed the official unit name 

of U.S. Coast Guard Sector Buffalo to 

U.S. Coast Guard Sector Eastern Great 

Lakes. The November 2023 OFCO did 

not change the area of responsibility 

(AOR). The AOR of U.S. Coast Guard 

Sector Eastern Great Lakes is identical 

to that of what was U.S. Coast Guard 

Sector Buffalo. All authorities and 

responsibilities previously assigned to 

Commander, U.S. Coast Guard Sector 

Buffalo have been assigned to 

Commander, U.S. Coast Guard Sector 

Eastern Great Lakes. Additionally, all 

authorities that were vested in the 

Commander, U.S. Coast Guard Sector 

Buffalo as it pertains to the COTP, the 

OCMI, the Federal On Scene 

Coordinator, the Federal Maritime 

Security Coordinator, and the Search 

and Rescue Coordinator, have been 

assigned to Commander, U.S. Coast 

Guard Sector Eastern Great Lakes. This 

rule does not change any sector, OCMI, 

or COTP zone boundary lines, nor does 

it have any substantive impact on 

existing regulated navigation area, safety 

zone, or security zone regulation, or any 

naval vessel protection zones. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB), and pursuant to OMB guidance 

is exempt from the requirements of 

Executive Order 13771. 

This regulatory action determination 

is based on the finding that the name 

change will have no substantive effect 

on the public. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

For the reasons stated in section V.A. 

above, this rule will not have a 

significant economic impact on any 

member of the public, including ‘‘small 

entities.’’ 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule consists only of 

an organizational amendment. It is 

categorically excluded from further 

review under paragraph L3 of Appendix 

A, Table 1 of DHS Instruction Manual 

023–01–001–01, Rev. 1, Implementation 

of the National Environmental Policy 

Act. 


ddrumheller on DSK120RN23PROD with RULES1
87930 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations 

List of Subjects 

33 CFR Part 3 

Organizations and functions 

(Government agencies). 

33 CFR Parts 100 and 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 3, 100, and 165 as follows: 

PART 3—COAST GUARD AREAS, 

DISTRICTS, SECTORS, MARINE 

INSPECTION ZONES, AND CAPTAIN 

OF THE PORT ZONES 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 14 U.S.C. 501, 504; Public Law 

107–296, 116 Stat. 2135; Department of 

Homeland Security Delegation No. 00170.1, 

Revision No. 01.3. 

■ 2. Revise § 3.45–10 to read as follows: 

§ 3.45–10 Sector Eastern Great Lakes 

Marine Inspection Zone and Captain of the 

Port Zone. 

Sector Eastern Great Lakes’ office is 

located in Buffalo, New York. The 

boundaries of Sector Eastern Great 

Lakes’ Marine Inspection Zone and 

Captain of the Port Zone include all 

navigable waters of the United States 

and contiguous land areas within the 

boundaries of an area starting from a 

point on the international boundary in 

Lake Erie at latitude 42°19′24′′ N, 

longitude 80°31′10′′ W, proceeding 

southwest along the international 

boundary to a point at latitude 41°40′36′′ 

N, longitude 82°25′00′′ W; thence south 

to latitude 41°00′00′′ N; thence east to 

longitude 78°54′58′′ W; thence north to 

latitude 42°00′00′′ N; thence east to the 

east bank of the Delaware River at 

latitude 42°00′00′′ N, longitude 

75°21′28′′ W; thence east to longitude 

74°39′00′′ W; thence north to the 

international boundary at a point at 

latitude 44°59′58′′ N, longitude 

74°39′00′′ W; thence southeast along the 

international boundary to the starting 

point. 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 3. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

§ 100.901 [Amended] 

■ 4. In § 100.901, remove ‘‘Sector 

Buffalo, NY’’ from table 1 and add, in 

its place, ‘‘Sector Eastern Great Lakes, 

NY’’. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 5. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

§ 165.911 [Amended] 

■ 6. In § 165.911, remove the word 

‘‘Buffalo’’ and add, in its place, the 

words ‘‘Eastern Great Lakes’’. 

§ 165.939 [Amended] 

■ 7. In § 165.939, remove the words 

‘‘Port Buffalo’’ and add, in its place, the 

words ‘‘Port Eastern Great Lakes’’. 

Dated: December 15, 2023. 

Michael T. Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2023–27943 Filed 12–19–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0965] 

RIN 1625–AA00 

Safety Zone; Laguna de Lobina, 

Culebra, Puerto Rico 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Laguna de Lobina 

within a 50-yard radius of Culebra 

Bridge due to structural damage to the 

bridge. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by the damaged bridge. 

Entry of persons and vessels from into 

the safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port San Juan or a designated 

representative. 

DATES: This temporary interim rule is 

effective without actual notice from 

December 20, 2023, through February 

12, 2024. For the purposes of 

enforcement, actual notice will be used 

from December 14, 2023, until 

December 20, 2023. 

Comments and related material must 

reach the Coast Guard on or before 

January 19, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2023– 

0965 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ See section VI of the 

SUPPLEMENTARY INFORMATION for 

information on public participation and 

request for comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Commander Carlos 

M. Ortega-Perez, Sector San Juan 

Waterways Management Division, U.S. 

Coast Guard; telephone 787–729–2380, 

email Carlos.M.Ortega-Perez@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

structural damaged is causing the 

potential collapse of the Culebra Bridge. 

Due to this situation the Culebra Bridge 

is temporary closed and immediate 

action is needed to respond to the 

potential safety hazards associated with 

the bridge structural condition. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by December 14, 2023. Therefore, 

we lack sufficient time to provide a 

reasonable comment period and then to 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 


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